Telstra Corporation Act 1991 (Cth)

Telstra Corporation Act 1991

No. 79, 1991

Compilation No. 37

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Telstra Corporation Act 1991 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 3A Merging entities; merged entity; merger day 3B Telstra body 4 Operating under a name 5 Subsidiaries 6 Extension of Act to external Territories 6A Application of the Criminal Code 7 Act binds the Crown Part 2—Commonwealth ownership of Telstra Division 1—Simplified outline 8AA Simplified outline Division 4—Provisions relating to the sale by the Commonwealth of its shares in Telstra 8AJ Telstra sale scheme 8AJA Sale‑scheme hybrid securities 8AK Exemption from stamp duty—transfer by the Commonwealth of its shares in Telstra etc. 8AKA Authorisation of borrowing—issue of sale‑scheme hybrid securities 8AQ Assistance given by Telstra or the Board in connection with a Telstra sale scheme 8AR Giving of assistance—ancillary provisions 8AT Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act 8AU Alterations of Telstra's constitution before the minority‑interest sale time 8AUA Alteration of Telstra's constitution after the minority‑interest sale time 8AV Reduction of Telstra's share capital Division 5—Miscellaneous 8AW Use by the Commonwealth of information obtained from Telstra or the Board 8AX Agreements relating to the protection of information obtained from Telstra or the Board 8AY Telstra's obligations to disclose information 8AYB Telstra to give information to the Minister about the level of non‑Commonwealth ownership of shares in Telstra 8AYC Application of the Ombudsman Act 1976 to Telstra 8AYD Controlling interest in Telstra 8AZ Rights of Telstra's shareholders, debenture holders and creditors to be subject to this Act 8BA Compensation—constitutional safety net 8BB Delegation 8BC Provision to attract the corporations power and the communications power Part 2A—Restrictions on ownership of Telstra successor companies Division 1—Simplified outline 8BD Simplified outline Division 2—Definitions in Schedule 8BE Definitions in Schedule Division 3—Extra‑territorial operation 8BF Extra‑territorial operation Division 4—Limit on foreign ownership 8BG Meaning of unacceptable foreign‑ownership situation 8BH Acquisitions of shares 8BI Compliance by Telstra successor companies 8BJ Remedial orders Division 6—Anti‑avoidance 8BM Anti‑avoidance Division 7—Record‑keeping and giving of information 8BN Record‑keeping and giving of information 8BO Incorrect records Division 8—Head office, base of operations and place of incorporation of a Telstra successor company 8BQ Head office to be in Australia 8BR Base of operations to be in Australia 8BS Telstra successor companies to remain incorporated in Australia Division 9—Citizenship of Chairperson and directors of Telstra successor companies 8BT Chairperson must be an Australian citizen 8BU Majority of directors must be Australian citizens 8BUA At least 2 directors must have knowledge of, or experience in, the communications needs of regional, rural or remote areas Division 10—Miscellaneous 8BW Concurrent operation of State/Territory laws 8BX Validity of acts done in contravention of this Part 8BY Winding‑up of Telstra successor companies not prevented by this Act 8BZ Acquisition of property 8CA Review of decisions by Administrative Review Tribunal 8CB Delegation 8CC Provision to attract the corporations power and the communications power Part 2AA—Anti‑avoidance 8CCA Anti‑avoidance Part 2B—Remedial provisions Division 1—Injunctions 8CD Injunctions 8CE Interim injunctions 8CF Discharge etc. of injunctions 8CG Certain limits on granting injunctions not to apply 8CH Other powers of the court unaffected Division 2—Prosecutions 8CI Prosecutions of corporations 8CJ Prosecutions of persons other than corporations 8CK Service of summons or process on foreign corporations—criminal proceedings 8CL Indictable offences Part 2C—Re‑affirmation of the universal service obligation and the customer service guarantee 8CM Re‑affirmation of universal service obligation 8CN Re‑affirmation of the customer service guarantee Part 3A—Transitional provisions relating to the sale by the Commonwealth of its remaining equity interest in Telstra Division 1—Long service leave 9A Interpretation 9B Long service leave for employees with less than 10 years service 9C Payments in lieu of long service leave for employees with less than 10 years service 9D Payments on the death of an employee 9E Employee's long service leave credit for the purposes of sections 9B and 9C 9F Division not to affect an employee's post‑sale long service leave rights 9G Saving—Long Service Leave Act Division 2—Operation of the Safety, Rehabilitation and Compensation Act 1988 9H Operation of section 128A of the SRC Act Division 3—Retirement benefits 9J Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973 9K Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 9L Application of the Superannuation Act 1976 Division 4—Other transitional and saving provisions 9M Telstra employees not on maternity leave immediately before the designated day 9N Telstra employees on maternity leave on the designated day 9P Saving—Crimes (Superannuation Benefits) Act 1989 9Q Saving—Director of Public Prosecutions Act 1983 9R Refund of part of fee paid under section 104A of the SRC Act Part 4—Telstra to be successor of Telecom and OTC 10 Extra‑territorial operation of Part 11 Vesting of property, rights and liabilities 12 Determination of Telstra's initial capital 13 Merger fee not to be charged Part 5—Use of certain names 14 Protected body may operate under protected business name 15 Other persons not to use protected names 16 Exceptions for pre‑existing rights 17 Use of other names by protected bodies 18 Effect on State and Territory laws Part 7—Application of laws to Telstra Division 1—General 26 Telstra not public authority etc. 27 Exemption from taxes and charges 28 Merged entity taken to be the same body, for tax purposes, as merging entities Division 2—Application of Commonwealth laws 29 General application of Commonwealth laws 30 Lands Acquisition Act 31 Public Works Committee Act 32 Corporations Act Division 3—Application of State and Territory Laws 33 Laws relating to buildings, structures and facilities 34 Environment protection laws Part 8—Miscellaneous 35 Certain instruments to continue in force 36 Audit 37 Pending proceedings 38 Registration of interests in land 39 Transfer to Telstra of employees of former corporation 40 Judicial notice of seals 41 Compensation for acquisition of property 42 Regulations Schedule—Ownership definitions 1 Object 2 Definitions 3 When foreign citizens are ordinarily resident in Australia 4 Entering into an agreement or arrangement 5 Associates 6 Power to appoint director 7 Meaning of entitled to acquire 8 Meaning of interest in a share 9 Certain interests in shares to be disregarded 10 Voting power 11 Stake in a company 12 Direct control interests in a company 13 Substantial interests in trust estates Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history